§ 12.6-12. Enforcement by private persons.

(a)

If no complaint has been filed with the attorney general pursuant to section 12.6-10, an aggrieved person may commence a civil action for enforcement of the rights granted pursuant to this chapter in an appropriate state court of general jurisdiction within two (2) years after the alleged discriminatory housing practice occurred.

(b)

An action to obtain relief arising from a breach of conciliation agreement entered into pursuant to this chapter may be commenced in an appropriate state court of general jurisdiction within one (1) year after the alleged breach.

(c)

If a complaint filed with the attorney general pursuant to section 12.6-10 is dismissed by the attorney general, or if within the time period set forth in section 12.6-10 the attorney general has not:

(1)

Filed a civil action under section 12.6-13,

(2)

Entered into a conciliation agreement with the complainant and respondent, the attorney general shall notify the complainant or the party on whose behalf the complaint was filed. In no event, including the failure of the attorney general to issue the notification required herein, shall any action be brought pursuant to this chapter more than two (2) years after the alleged discriminatory housing practice occurred. On timely application, the court, in its discretion, may permit the attorney general to intervene in civil actions in which this state is not a defendant on certification that the case is of general public importance. On request, the court, in its discretion, may stay further proceedings for not more than sixty (60) days pending the further efforts of the parties or the attorney general to obtain voluntary compliance.

(d)

Upon application by the plaintiff and in such circumstances as the court may deem just, a district court in which a civil action under this section has been brought may appoint an attorney for the plaintiff and may authorize the commencement of a civil action upon proper showing without the payment of fees, costs, or security, to the extent not inconsistent with the law or procedures of this state.

(e)

The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award to a prevailing plaintiff actual damages and punitive damages, together with court costs and reasonable attorney fees.

(f)

Any sale, encumbrance, or rental consummated prior to the issuance of any court order issued pursuant to the authority provided in this chapter and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this chapter shall not be affected.

(g)

Nothing in this chapter shall impair any right to sue or cause of action arising under 42 United States Code, Sections 3610, 3612, and 3613, except, if applicable, on agreement between the parties.

(h)

If a party elects to proceed on a claim in a federal court, he shall be precluded from filing the same claim in an appropriate court of this state.

(i)

The court may grant as relief, as it deems appropriate, court costs and reasonable attorney fees to a prevailing defendant, consistent with federal civil rights statutes.

(Ord. No. 25063 , § 13, 12-9-15)